New South Wales Consolidated Acts

SYDNEY HARBOUR TUNNEL (PRIVATE JOINT VENTURE) ACT 1987 - SECT 17

17 Limitation of appeals

(1) No proceedings (whether for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief) shall lie in respect of:

(a) any decision by the Commissioner to grant approval to or in respect of the carrying out of the tunnelling works or the ancillary works,

(b) any condition imposed, or any modification required, by the Commissioner under section 112 of the Environmental Planning and Assessment Act 1979 in respect of the tunnelling works or the ancillary works,

(c) any alleged contravention of or failure to comply with any such condition or modification,

(d) any decision, proceeding, step or other matter (including any consideration of the tunnelling works or the ancillary works under section 111 of the Environmental Planning and Assessment Act 1979 ) involved in the granting of any such approval, the imposition of any such condition or the requirement of any such modification, or

(e) any alleged contravention of or failure to comply with the provisions of Part 5 of the Environmental Planning and Assessment Act 1979 with respect to the tunnelling works or the ancillary works.

(2) This section has effect notwithstanding that any such proceedings were commenced before the date of assent to this Act, and has effect notwithstanding any decision in any such proceedings.

(3) Any such proceedings pending in any court immediately before the date of assent to this Act are terminated.

(4) Except in so far as the parties to any such proceedings (being proceedings pending immediately before the date of assent to this Act) otherwise agree, the costs of or incidental to the proceedings incurred by a party to the proceedings shall be borne by the party, and shall not be the subject of any contrary order of any court.

(5) This section does not apply to proceedings taken by or on behalf of the Commissioner.

(6) In this section:

"approval" includes:

(a) a consent, licence or permission or any form of authorisation, and

(b) a provision of financial accommodation by the Commissioner to another person, not being a provision of such financial accommodation, or financial accommodation of such class or description, as may be prescribed by the regulations for the purposes of this paragraph.